Juan M. Castillo v. ROBERT LEGRAND, Warden

13-72199Court of Appeals for the Ninth Circuit23 feb 2015

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN M. CASTILLO,
Petitioner,
v.
ROBERT LEGRAND, Warden,
Respondent.
No. 13-72199
ORDER*
Application to File Second or Successive
Petition Under 28 U.S.C. §2254
Argued May 14, 2014
Submitted February 18, 2015
San Francisco California
Before: SILVERMAN and GOULD, Circuit Judges and LEMELLE,** District
Judge.
Submission of this case was previously withdrawn. It is now RE-
SUBMITTED FOR DECISION as of February 18, 2015.
FILED
FEB 23 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Ivan L.R. Lemelle, District Judge for the U.S. District
Court for the Eastern District of Louisiana, sitting by designation.

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Petitioner Castillo’s application for leave to file a second or successive 28
U.S.C. § 2254 habeas petition in district court to allege that Miller v. Alabama, 132
S. Ct. 2455 (2012), is retroactive and applies to his sentence is GRANTED.

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